AB383: Bill Text

AB383,844 Section 844. 971.17 (4) (b) of the statutes is renumbered 975.59 (2) and amended to read:

AB383,266,12 975.59 (2) Service; appointment of counsel. If the person files a timely petition under sub. (1) without counsel, the court shall serve a copy of the petition on the district attorney and, subject to sub. (7) (b) s. 975.63 (2), refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (j). If the a person petitions through counsel, his or her files a petition under sub. (1) with the assistance of an attorney, the person's attorney shall serve a copy of the petition on the district attorney.

AB383,845 Section 845. 971.17 (4) (c) of the statutes is renumbered 975.59 (3) and amended to read:

AB383,266,24 975.59 (3) Examination. Within 20 days after receipt of the petition under sub. (1), the court shall appoint one or more examiners having the specialized knowledge determined by the court to be appropriate, who shall to examine the person and furnish a written report of the examination to the court within 30 days after appointment. The examiners shall have reasonable access to the person for purposes of examination and to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c). If any such an examiner believes that the person is appropriate for conditional release, the examiner shall report on the type of treatment and services that the person may need while in the community on conditional release.

AB383,846 Section 846. 971.17 (4) (d) of the statutes is renumbered 975.59 (4) and amended to read:

AB383,267,15 975.59 (4) Hearing. The court, without a jury, shall hear the petition within 30 days after the report of the court-appointed examiner is filed with the court, unless the petitioner person waives this time limit. Expenses of proceedings under this subsection shall be paid as provided under s. 51.20 (18). The court shall grant the petition unless it finds by clear and convincing evidence that the person would pose a significant risk of causing bodily harm to himself or herself or to others or of causing serious property damage if conditionally released. In making this determination, the court may consider, without limitation because of enumeration, the nature and circumstances of the crime, the person's mental history and present mental condition, where the person will live, how the person will support himself or herself, what arrangements are available to ensure that the person has access to and will take necessary medication, and what arrangements are possible for treatment beyond medication the factors under s. 975.57 (1).

AB383,847 Section 847. 971.17 (4) (e) of the statutes is renumbered 975.59 (5) (a), and 975.59 (5) (a) 1., as renumbered, is amended to read:

AB383,268,8 975.59 (5) (a) 1. If the court finds that the person is appropriate for conditional release, the court shall notify the department of health services. Subject and, subject to subd. subds. 2. and 3., the department of health services and the county department under s. 51.42 in the county of residence of the person shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department of health services may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented department and the county department shall present the plan to the court for its approval within 60 14 days after the court finding that the person is appropriate for conditional release, unless the department, county department, department of health services and person to be released request additional time to develop the plan.

AB383,848 Section 848. 971.17 (4m) of the statutes is repealed.

AB383,849 Section 849. 971.17 (5) (title) of the statutes is renumbered 975.60 (title).

AB383,850 Section 850. 971.17 (5) of the statutes is renumbered 975.60 (1) and amended to read:

AB383,268,17 975.60 (1) A person on conditional release, or the department of health services on his or her behalf, may petition the committing court to terminate the an order of commitment if at least 6 months have elapsed since the person was last placed on conditional release and since the most recent petition under this section, if any, was denied.

AB383,268,24 (2) If the a person files a timely petition under sub. (1) without counsel, the court shall serve a copy of the petition on the district attorney and, subject to sub. (7) (b) s. 975.63 (2), refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (j). If the person petitions through counsel, his or her files a petition under sub. (1) with the assistance of an attorney, the person's attorney shall serve a copy of the petition on the district attorney.

AB383,269,2 (3) The court shall rule on the petition shall be determined as promptly as practicable by the court without a jury.

AB383,269,13 (4) The court shall terminate the order of commitment unless it finds by clear and convincing evidence that further supervision is necessary to prevent a significant risk of bodily harm to the person or to others or of serious property damage. In making this determination, the court may consider, without limitation because of enumeration, the nature and circumstances of the crime, the person's mental history and current mental condition, the person's behavior while on conditional release, and plans for the person's living arrangements, support, treatment, and other required services after termination of the commitment order. A petition under this subsection may not be filed unless at least 6 months have elapsed since the person was last placed on conditional release or since the most recent petition under this subsection was denied.

AB383,851 Section 851. 971.17 (6) of the statutes is renumbered 975.61, and 975.61 (1) (intro.) and (2), as renumbered, are amended to read:

AB383,269,18 975.61 (1) (intro.) At least 60 days prior to the expiration of a commitment order issued under sub. (1) s. 975.57, the department of health services shall notify all of the following of the expiration of the order:

AB383,269,23 (2) Upon the expiration of a commitment order under sub. (1), the court shall discharge the person, subject to the right of the department of health services or the appropriate county department under s. 51.60 or 51.437 to proceed against the person under ch. 51 or 55. If none of those departments proceeds against the person under ch. 51 or 55, the court may order the proceeding.

AB383,852 Section 852. 971.17 (6m) (title) of the statutes is repealed.

AB383,853 Section 853. 971.17 (6m) (a) (intro.) of the statutes is renumbered 975.62 (1) (intro.) and amended to read:

AB383,270,3 975.62 (1) (intro.) In this subsection section:

AB383,854 Section 854. 971.17 (6m) (a) 1. of the statutes is repealed.

AB383,855 Section 855. 971.17 (6m) (a) 2. of the statutes is renumbered 975.62 (1) (a).

AB383,856 Section 856. 971.17 (6m) (a) 3. of the statutes is renumbered 975.62 (1) (b).

AB383,857 Section 857. 971.17 (6m) (b) of the statutes is repealed.

AB383,858 Section 858. 971.17 (6m) (c) of the statutes is repealed.

AB383,859 Section 859. 971.17 (6m) (d) of the statutes is renumbered 975.62 (5) and amended to read:

AB383,270,23 975.62 (5) The department of health services shall design and prepare cards for persons specified in par. (b) 1. a victim's representative to send to the department. The cards shall have space for these persons a victim's representative to provide their names his or her name and addresses address, the name of the applicable defendant person committed under this subchapter, and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b) 1. These persons victims' representatives. A victim's representative may send completed cards to the department. All departmental records or Records and portions of records of the department that relate to mailing addresses of these persons a victim's representative are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a request under sub. (4m) (d) or s. 301.46 (3) (d).

AB383,860 Section 860. 971.17 (7) (title) of the statutes is renumbered 975.63 (title).

AB383,861 Section 861. 971.17 (7) (a) of the statutes is renumbered 975.63 (1) and amended to read:

AB383,271,6 975.63 (1) The committing court shall conduct all hearings under this section ss. 975.55 to 975.61. The committed person shall be given reasonable notice of the time and place of each such hearing. The court may designate additional persons to receive these notices.

AB383,862 Section 862. 971.17 (7) (b) of the statutes is renumbered 975.63 (2), and 975.63 (2) (intro.), as renumbered, is amended to read:

AB383,271,10 975.63 (2) (intro.) Without limitation by enumeration, at any hearing under this section ss. 975.55 to 975.61, the person subject of the hearing has the right to:

AB383,863 Section 863. 971.17 (7) (c) of the statutes is renumbered 975.63 (4) and amended to read:

AB383,271,21 975.63 (4) If the a person who is subject to proceedings under ss. 975.55 to 975.61 wishes to be examined by a physician, as defined in s. 971.16 (1) (a), or a psychologist, as defined in s. 971.16 (1) (b), or other expert of his or her choice, the procedure under s. 971.16   975.51 (4) shall apply. Upon motion of an indigent person, the court shall appoint a qualified and available examiner for the person at public expense. Examiners for the person or the district attorney shall have reasonable access to the person for purposes of examination, and to the person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c).

AB383,864 Section 864. 971.17 (7) (d) of the statutes is repealed.

AB383,865 Section 865. 971.17 (7m) of the statutes is renumbered 975.64.

AB383,866 Section 866. 971.17 (8) of the statutes is renumbered 975.49 and amended to read:

AB383,272,7 975.49 Applicability of ss. 975.57 to 975.64. This section subchapter governs the commitment, release, and discharge of persons adjudicated not guilty by reason of mental disease or mental defect for offenses committed on or after January 1, 1991. The commitment, release, and discharge of persons adjudicated not guilty by reason of mental disease or mental defect for offenses committed prior to January 1, 1991, shall be are governed by s. 971.17, 1987 stats., as affected by 1989 Wisconsin Act 31.

AB383,867 Section 867. 971.18 of the statutes is renumbered 975.21 and amended to read:

AB383,272,15 975.21 Inadmissibility of statements made for purposes of examination. A statement made by a person subjected who is subject to a psychiatric examination or to treatment pursuant to under this chapter that is made for the purposes purpose of such the examination or treatment shall is not be admissible in evidence against the person in any criminal proceeding on any issue other than that of the person's mental condition.

AB383,868 Section 868. 971.19 of the statutes is renumbered 970.14, and 970.14 (title), (1), (2), (3), (4), (5), (6), (8), (9) (intro.), (10), (11) and (12), as renumbered, are amended to read:

AB383,272,21 970.14 Place of trial Venue. (1) Criminal actions Trials shall be tried in the county where the crime was committed, except as otherwise provided in this section or in s. 971.09.

AB383,272,25 (2) Where 2 or more acts are requisite to the commission of any offense crime requires 2 or more acts, the trial may be in any county in which any of such acts occurred. In a case involving a charge of conspiracy under s. 939.31, the trial may be in any county in which a conspiratorial act took place.

AB383,273,3 (3) Where an offense a crime is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried trial may be in any of such counties.

AB383,273,8 (4) If a crime is committed in, on, by use of, or against any vehicle passing through or within this state, and it cannot readily be determined in which county the crime was committed, the defendant may be tried trial may be in any county through which such vehicle has passed or in the county where the defendant's travel commenced or terminated in which the vehicle has traveled.

AB383,273,12 (5) If the act causing death is in one county and the death ensues in another, the defendant may be tried trial may be in either county. If neither location can readily be determined, the defendant may be tried trial may be in the county where the body is found.

AB383,273,15 (6) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried trial may be in the county where the offense was consummated.

AB383,273,18 (8) In an action for a violation of s. 948.31, the defendant may be tried trial may be in the county where the crime was committed or the county of lawful residence of the child.

AB383,273,24 (9) (intro.) In an action under s. 301.45 (6) (a) or (ag), the defendant may be tried trial may be in the defendant's county of residence at the time that the complaint is filed. If the defendant does not have a county of residence in this state at the time that the complaint is filed, or if the defendant's county of residence is unknown at the time that the complaint is filed, defendant may be tried trial may be in any of the following counties:

AB383,274,6 (10) In an action under s. 30.547 for intentionally falsifying an application for a certificate of number, a registration or a certificate of title, the defendant may be tried trial may be in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the boat if purchased from a dealer, or the county where the department of natural resources received the application.

AB383,274,12 (11) In an action under s. 943.201, the defendant may be tried trial may be in the county where the victim or intended victim resided at the time of the offense or in any other county designated under this section. In an action under s. 943.203, the defendant may be tried trial may be in the county where the victim or intended victim was located at the time of the offense or in any other county designated under this section.

AB383,274,21 (12) Except as provided in s. 971.223 971.72, in an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 a defendant who is trial for a resident of this state shall be tried in circuit the court for the county where the defendant person resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

AB383,869 Section 869. 971.20 (title), (1), (2), (4), (5), (6), (7), (8), (9), (10) and (11) of the statutes are renumbered 967.16 (title), (1), (2), (3), (4), (5), (6), (7), (8), (9) and (10), and 967.16 (2), (3), (8) and (9), as renumbered, are amended to read:

AB383,275,3 967.16 (2) One substitution. In any criminal action, the defendant has a right to only one substitution of a judge, except under sub. (7) (6). The right of substitution shall be exercised as provided in this section.

AB383,275,7 (3) Substitution of trial judge originally assigned. A written request for the substitution of a different judge for the judge originally assigned to the trial of the action may be filed with the clerk before making any motions to the trial court and before arraignment entry of a plea.

AB383,275,11 (8) Judge's authority to act. Upon the filing of a request for substitution in proper form and within the proper time, the judge whose substitution has been requested has no authority to act further in the action except to conduct the initial appearance, accept pleas, and set bail conditions of release.

AB383,275,13 (9) Form of request. A request for substitution of a judge may be made in the following form:

AB383,275,14 STATE OF WISCONSIN

AB383,275,15 CIRCUIT COURT

AB383,275,16 .... County

AB383,275,17 State of Wisconsin

AB383,275,18 vs.

AB383,275,19 ....(Defendant)

AB383,275,21 Pursuant to s. 971.20 967.16 the defendant (or defendants) request (s) a substitution for the Hon. .... as judge in the above entitled action.

AB383,275,22 Dated ...., .... (year)

AB383,275,23 ....(Signature of defendant or defendant's attorney)

AB383,870 Section 870. 971.20 (3) of the statutes is repealed.

AB383,871 Section 871. 971.22 of the statutes is renumbered 971.70 and amended to read:

AB383,276,5 971.70 Change of place of trial. (1) The defendant may move for a to change of the place of trial on the ground that an impartial trial cannot be had in the county. The motion shall be made at arraignment, but it may be made thereafter for cause.

AB383,276,8 (2) The motion shall be in writing and supported by an affidavit which shall state stating evidentiary facts showing the nature of the prejudice alleged. The district attorney may file counter affidavits.

AB383,276,20 (3) If the court determines that there exists prejudice in the county where the action is pending such prejudice that will prevent a fair trial cannot be had, it shall order that conduct the trial be held in any county where an impartial a fair trial can be had. Only one change may be granted under this subsection. The judge who orders the change in the place of trial shall preside at the trial. Preliminary matters prior to trial may be conducted in either county at the discretion of the court. The judge or, if the requirements under s. 971.71 (1) are satisfied, order the selection of a jury from another county under s. 971.71 (2). If the court conducts the trial in another county, it shall determine where the defendant, if he or she is in custody, shall be held and where the record shall be kept. If the criteria under s. 971.225 (1) (a) to (c) exist, the court may proceed under s. 971.225 (2) The court, in its discretion, may conduct pretrial matters in either county.

AB383,872 Section 872. 971.223 of the statutes is renumbered 971.72, and 971.72 (3) and (4), as renumbered, are amended to read:

AB383,276,25 971.72 (3) This section does not affect which prosecutor has responsibility under s. 978.05 (1) to prosecute criminal actions arising from violations described under sub. (1).

AB383,277,3 (4) This section does not affect the application of s. 971.22 971.70. In actions described under sub. (1), the court may enter an order under s. 971.225 971.71 only if the order is agreed to by the defendant.

AB383,873 Section 873. 971.225 (title) of the statutes is renumbered 971.71 (title).

AB383,874 Section 874. 971.225 (1) (intro.), (a) and (c) of the statutes are renumbered 971.71 (1) (intro.), (a) and (b), and 971.71 (1) (intro.) and (a), as renumbered, are amended to read:

AB383,277,10 971.71 (1) (intro.) In lieu of If there are grounds for changing the place of trial under s. 971.22 (3) or 971.223 971.70 (3) or 971.72 and all of the following conditions are satisfied, the court may require the selection of a jury under sub. (2) if:

AB383,277,12 (a) The court has decided to sequester the jurors after the commencement of the trial, as provided in s. 972.12; 972.05.

AB383,875 Section 875. 971.225 (1) (b) of the statutes is repealed.

AB383,876 Section 876. 971.225 (2) of the statutes is renumbered 971.71 (2) and amended to read:

AB383,277,20 971.71 (2) If the court decides to proceed under this section it shall follow the procedure under s. 971.22 971.70 until the jury is chosen in the 2nd county. At that time, the proceedings shall return to the original county using the jurors selected in the 2nd county. The original county shall reimburse the 2nd county for all applicable costs under s. 814.22.

AB383,877 Section 877. 971.23 (title) of the statutes is repealed.

AB383,878 Section 878. 971.23 (1) (intro.) of the statutes is renumbered 971.43 (2) (intro.) and amended to read:

AB383,278,6 971.43 (2) What a district attorney must disclose to a defendant Material to be disclosed. (intro.) Upon demand, the The district attorney shall, within a reasonable time before trial, disclose to the defendant or his or her attorney defense the following material and information, not previously disclosed before or at the initial appearance, and permit the defendant or his or her attorney to inspect and copy or photograph all of the following materials and information, if it is within the possession, custody or control of the state inspection, copying, testing, and photographing of disclosed documents or tangible objects:

AB383,879 Section 879. 971.23 (1) (a) of the statutes is renumbered 971.43 (2) (a) and amended to read:

AB383,278,12 971.43 (2) (a) Any written or recorded statement concerning the alleged crime made by the defendant, including the testimony of the defendant in a secret proceeding under s. 968.26 at an inquest or before a grand jury, and the names of witnesses to the defendant's written statements.

AB383,880 Section 880. 971.23 (1) (b) of the statutes is renumbered 971.43 (2) (c) and amended to read:

AB383,278,17 971.43 (2) (c) A written summary of all oral statements of the defendant which that the district attorney plans to use in the course of the at trial and the names of witnesses to the defendant's oral statements.